A Magistrate must provide clear reasoning when taking cognizance of offences against fewer accused than those charged, reinforcing the need for judicial transparency.

JUDGMENT :

ANIL KUMAR CHOUDHARY, J.

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with a prayer to quash and set aside the order taking cognizance dated 20.12.2018 passed by the learned Judicial Magistrate, Ghatsila, East Singhbhum in connection with Galudih P.S. Case No.29 of 2017 corresponding to G.R. Case No.356 of 2017 and a further prayer has also been made to quash the order taking cognizance dated 03.07.2024 passed by the learned ACJM, Ghatsila in the said case.

3. The brief fact of the case is that the petitioner is the accused person of Galudih P.S. Case No.29 of 2017 inter alia the allegation against the petitioner is that the petitioner was assisting in concealment of stolen property. Police after investigation of the case submitted charge sheet inter alia against the petitioner for having committed the offences punishable under Section 419, 420, 414 & 34 of the Indian Penal Code and on the basis of the charge sheet submitted by the police, the learned Judicial Magistrate, Ghatsila, East Singhbhum took cognizance of the said offences in respect of which the charge sheet was submitted. The co- accused person namely Ram Avtar Rajgariya @ Ram Avtar Rajgarhia filed Cr.M.P. No.2853 of 2019 challenging the said order dated 20.12.2018 passed by the learned Judicial Magistrate, Ghatsila, East Singhbhum. The Co-ordinate Bench of this Court vide order dated 10.12.2019 passed in the said Cr.M.P. found that the learned Judicial Magistrate, Ghatsila, East Singhbhum while issuing summons has not whispered as to what are the materials to proceed against the petitioner, thus, it was observed that there is no application of judicial mind in passing the order impugned; as the court has not formed opinion that there are sufficient grounds to proceed and as the order impugned does not reflect any application of judicial mind, reliying upon the judgment of the Hon’ble Supreme Court of India in Cr. Appeal No.1843 of 2019 dated 05.12.2019 and set aside the order dated 20.12.2018 passed by the learned Judicial Magistrate, Ghatsila, East Singhbhum whereby cognizance has been taken against the petitioner, but it was observed that the Magistrate is at liberty to proceed further against the petitioner in accordance with law.

4. Another co-accused namely Vishal Kumar Shah @ Vishal Shah also filed Cr.M.P. No.2188 of 2022 with the self-same prayer and vide order dated 07.09.2022 another Co-ordinate Bench of this Court set aside the order dated 20.12.2018 passed by the learned Judicial Magistrate, Ghatsila, East Singhbhum whereby cognizance has been taken against the petitioner of that Cr.M.P. for the offences punishable under Section 419, 420, 414 & 34 of the Indian Penal Code. Consequent upon the same when in this Cr.M.P., it was submitted by the petitioner that the learned ACJM, Ghatsila has not passed any order, though in both the orders passed in the said two criminal miscellaneous petitions, the Co-ordinate Benches given liberty to the learned ACJM, Ghatsila to proceed further in accordance with law; bypassing express order in this criminal miscellaneous petition, report was called for from the learned Judicial Magistrate, Ghatsila, East Singhbhum as to why a fresh reasoned and speaking order in respect of the cognizance has not been passed. Consequent upon receipt of such orders, the learned ACJM, Ghatsila has passed a reasoned order and has taken cognizance of the offences punishable under Section 419, 420, 414 & 34 of the Indian Penal Code against the petitioner and one Rama Shankar Singh.

5. Learned counsel for the petitioner submits that